Former employee sues property appraiser over firing

Published: Wednesday, January 30, 2013 at 5:43 p.m.

Last Modified: Friday, February 1, 2013 at 1:55 p.m.

A former employee of Volusia County Property Appraiser Morgan Gilreath has filed a federal lawsuit claiming she was fired as retaliation for asserting her rights under the Americans with Disabilities Act.

Sherrie Johnson-Ojeda worked for the property appraiser's office from Aug. 28, 2010 until her discharge on Nov. 7, 2011, according to the lawsuit filed this month in Orlando. Johnson-Ojeda said that she has a son with juvenile diabetes, and that Gilreath's office was aware of this disability when she was hired and her supervisors-to-be told her that "they would work with her to allow her to provide the necessary care for her son," the lawsuit states.

But that changed, according to the lawsuit.

"The defendant fired Ms. Ojeda because of her need to care for her disabled child," the lawsuit states.

Gilreath declined comment and referred questions to county attorney Dan Eckert, who could not be reached.

Starting in July 2011, Johnson-Ojeda's first-line supervisor, identified as Tiffani Siegel, told her she "needed to find a job where she could work from home because of the needs of her disabled family."

And in July 2011, Johnson-Ojeda was required to provide a doctor's note even though county policy did not require one because she was absent less than three days, the lawsuit stated. The supervisor also told her subsequently that Johnson-Ojeda's husband should handle more of the care for their son, the suit states.

Ojeda is also accusing the county for sexual discrimination because the man who was hired to replace her, identified as Donald Schubert, was earning $1,729.79 every two weeks while she was earning $1,572.54 every two weeks for the same job.

Diabetes that substantially affects a major life activity would be considered a disability under the ADA, said Johnson-Ojeda's attorney Stanley Kiszkiel of Pembroke Pines.

"Her son is substantially impaired because he has a pretty severe case of juvenile diabetes," Kiszkiel said in a phone interview.

Johnson-Ojeda complained to the Volusia County's ADA representative and that led to greater scrutiny of Johnson-Ojeda's work performance, the suit claims.

The lawsuit said in her intent to dismiss that Johnson-Ojeda was accused of being untruthful in her job application and about an email to the county complimenting her work. It accused her of misrepresenting her work on Sept. 15, 2011, and lying about talking to someone in another department about her situation and possible lawsuit.

Johnson-Ojeda filed a complaint with the Equal Employment Opportunity Commission and the U.S. Department of Justice issued a notice of right to sue on Nov. 15, 2012.

After Johnson-Ojeda complained to the ADA representative, the property appraiser's office accused her of not disclosing all previous employment. But Johnson-Ojeda said that had to do with a federal lawsuit she filed in 2004 against the Florida Department of Health alleging sexual harassment and retaliation, including being discharged.

Under the settlement, the state Department of Health was supposed to withdraw Johnson-Ojeda's termination and substitute a resignation.

Kiszkiel said his client disclosed the situation anyway before she was hired by Volusia County.

<p>A former employee of Volusia County Property Appraiser Morgan Gilreath has filed a federal lawsuit claiming she was fired as retaliation for asserting her rights under the Americans with Disabilities Act. </p><p>Sherrie Johnson-Ojeda worked for the property appraiser's office from Aug. 28, 2010 until her discharge on Nov. 7, 2011, according to the lawsuit filed this month in Orlando. Johnson-Ojeda said that she has a son with juvenile diabetes, and that Gilreath's office was aware of this disability when she was hired and her supervisors-to-be told her that "they would work with her to allow her to provide the necessary care for her son," the lawsuit states. </p><p>But that changed, according to the lawsuit. </p><p>"The defendant fired Ms. Ojeda because of her need to care for her disabled child," the lawsuit states. </p><p>Gilreath declined comment and referred questions to county attorney Dan Eckert, who could not be reached. </p><p>Starting in July 2011, Johnson-Ojeda's first-line supervisor, identified as Tiffani Siegel, told her she "needed to find a job where she could work from home because of the needs of her disabled family." </p><p>And in July 2011, Johnson-Ojeda was required to provide a doctor's note even though county policy did not require one because she was absent less than three days, the lawsuit stated. The supervisor also told her subsequently that Johnson-Ojeda's husband should handle more of the care for their son, the suit states. </p><p>Ojeda is also accusing the county for sexual discrimination because the man who was hired to replace her, identified as Donald Schubert, was earning $1,729.79 every two weeks while she was earning $1,572.54 every two weeks for the same job. </p><p>Diabetes that substantially affects a major life activity would be considered a disability under the ADA, said Johnson-Ojeda's attorney Stanley Kiszkiel of Pembroke Pines. </p><p>"Her son is substantially impaired because he has a pretty severe case of juvenile diabetes," Kiszkiel said in a phone interview. </p><p>Johnson-Ojeda complained to the Volusia County's ADA representative and that led to greater scrutiny of Johnson-Ojeda's work performance, the suit claims. </p><p>The lawsuit said in her intent to dismiss that Johnson-Ojeda was accused of being untruthful in her job application and about an email to the county complimenting her work. It accused her of misrepresenting her work on Sept. 15, 2011, and lying about talking to someone in another department about her situation and possible lawsuit. </p><p>Johnson-Ojeda filed a complaint with the Equal Employment Opportunity Commission and the U.S. Department of Justice issued a notice of right to sue on Nov. 15, 2012. </p><p>After Johnson-Ojeda complained to the ADA representative, the property appraiser's office accused her of not disclosing all previous employment. But Johnson-Ojeda said that had to do with a federal lawsuit she filed in 2004 against the Florida Department of Health alleging sexual harassment and retaliation, including being discharged. </p><p>Under the settlement, the state Department of Health was supposed to withdraw Johnson-Ojeda's termination and substitute a resignation. </p><p>Kiszkiel said his client disclosed the situation anyway before she was hired by Volusia County.</p>